Wilkinson v. Shackelford
| Decision Date | 28 February 2007 |
| Docket Number | No. 06-2018.,06-2018. |
| Citation | 478 F.3d 957 |
| Parties | Heather WILKINSON, Appellant, v. Jacob Allen SHACKELFORD; Michelin North America, Inc., Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
James Kirk Rahm, argued, Warrensburg, MO (T. Michael Ward, St. Louis, MO, on the brief), for appellant.
Kenneth Lee Marshall, argued, St. Louis, MO (Daniel J. Carpenter, Dan H. Ball, St. Louis, MO, on the brief), for appellee.
Before LOKEN, Chief Judge, BYE and SHEPHERD, Circuit Judges.
Heather Wilkinson appeals the denial of her motion to remand her action to Missouri state court, which the district court denied on the ground she fraudulently joined a fellow Missouri resident, Jacob Allen Shackelford, in her tire tread failure suit against Michelin North America, Inc. (Michelin) in order to defeat federal diversity jurisdiction. After concluding Shackelford had been fraudulently joined, the district court dismissed the claim against him. Wilkinson also appeals the order denying her the right to amend her complaint against Shackelford. We reverse with instructions to reinstate the claim against Shackelford and remand this case to state court.
On March 22, 2004, Wilkinson was driving a 1990 Chevrolet truck owned by Shackelford. The truck was equipped with a B.F. Goodrich-Tri Gard, All Terrain T/A Baja Champion brand radial tire manufactured by Michelin (actually manufactured by a corporate predecessor-in-interest for whose products Michelin accepted responsibility as part of a corporate merger/acquisition). Wilkinson was driving the truck on U.S. Highway 50 in Jackson County, Missouri, when the rear passenger side tire failed. The truck went out of control and overturned. Wilkinson suffered severe injuries in the rollover, including multiple pelvic fractures, multiple spinal fractures, and a closed head injury.
Wilkinson brought suit against Shackelford and Michelin in Missouri state court. She alleged four causes of action against Michelin which sounded in strict liability, strict liability for failure to warn, breach of implied warranty, and negligence. The complaint alleged in part the rear passenger side "tire was defective and unreasonably dangerous when put to a reasonably anticipated use." App. 18. She alleged one cause of action against Shackelford sounding in negligence. The relevant allegations against Shackelford were:
10. Prior to March 22, 2004, Defendant Shackelford gained possession of the tires and placed them on a motor vehicle, a 1990 Chevrolet truck of which he was the owner. At that time, Defendant Shackelford knew that the tires had been previously used.
. . .
49. Defendant Shackelford knew that Plaintiff needed a safe means of transportation for a trip beginning in Johnson County, Missouri, that would result in travel outside of Johnson County, Missouri; and that the route would include use of a highway, and highway speeds. He loaned said truck to Plaintiff for the purpose of transportation of said trip, realizing that Plaintiff would travel in said truck at typical highway speeds.
50. At all times material hereto, Defendant Shackelford had a duty to the users of the truck, including Plaintiff, to exercise ordinary and reasonable care for the user's safety. Additionally, Defendant Shackelford owed duties to:
(a) warn Plaintiff of the characteristics and of the dangers and risks associated with the use of the tires on the truck on a highway;
(b) supply tires and other equipment on the truck that were capable of and adequately suited for the purpose of operating the truck on a highway in a safe condition without the tire tread separating from the tire;
(c) service and supply the truck with adequate tires;
(d) take steps to learn of the condition and dangers of the tires on the truck when permitting Plaintiff to use the truck.
. . .
52. Defendant Shackelford breached his duties and was negligent in the following respects:
(a) failing to warn Plaintiff of the dangers of the truck and the tires, or of the potential danger of the tires;
(b) failing to supply the truck with adequate and safe tires;
(c) failing to warn of the danger of driving the truck with said tires on a highway;
(d) failing to warn of the danger of driving the truck with said tires at typical highway speeds (e) failing to take steps to learn of the condition and dangers of the truck, including the tires, when permitting Plaintiff to use the truck.
Michelin removed the action to federal district court claiming complete diversity existed between itself and Wilkinson and Shackelford had been fraudulently joined to destroy jurisdiction. Wilkinson moved to remand the case to state court, arguing the allegations in her complaint were sufficient to state a claim against Shackelford in that he was negligent in failing to adequately inspect the tires on the truck, in failing to warn her about the danger of using the tires at highway speeds, and in providing the truck to her for use on the highway with inadequate and defective tires. She cited a number of Missouri cases which supported the existence of a cause of action against Shackelford for furnishing a vehicle with defective tires. See Slagle v. Singer, 419 S.W.2d 9, 12 (Mo. 1967); see also Gifford v. Bogey Hills Golf & Country Club, Inc., 426 S.W.2d 98, 101 (Mo.1968) (involving defective brakes); Standard Oil Co. of Ind. v. Leaverton, 239 Mo.App. 284, 192 S.W.2d 681, 682 (1946) (same).
Michelin opposed the motion to remand, arguing the allegations against Shackelford were a failed attempt to allege a "Supplying a Dangerous Instrumentality" claim under Missouri law. Michelin argued the missing part of the Wilkinson's complaint was an allegation Shackelford "knows or has reason to know that the chattel is or is likely to be dangerous for the use for which it is supplied." App. 50. Shackelford also opposed the motion, contending the only allegation against him was that he "placed the tires on his vehicle and that he `knew the tires were used.'" Id. at 61-62 (misquoting ¶ 10 of Wilkinson's complaint). Shackelford argued the complaint failed to allege any facts showing he had actual or constructive knowledge the tread would separate from the tire. Shackelford asked that he be dismissed from the suit based on the complaint's failure to state a claim against him.
The district court denied Wilkinson's motion to remand, stating she "alleges only that defendant Shackelford placed the tires on the vehicle and `knew the tires were used.'" Wilkinson v. Michelin N. Am., Inc., No. 05-0968-CV-W-FJG, 2005 WL 3132327, at * 1 (W.D.Mo. Nov.22, 2005) (). The district court concluded this allegation was insufficient to show Shackelford "knew or somehow should have known of the allegedly defective condition of the tires." Id. Concluding Shackelford had been fraudulently joined to destroy diversity jurisdiction, the district court dismissed the claim against Shackelford.
A week later, Wilkinson filed a motion to amend the complaint under Rule 15(a) of the Federal Rules of Civil Procedure seeking to join (or rejoin) Shackelford as a defendant. The amended complaint contained the following supplemental allegations against Shackelford:
10. Prior to March 22, 2004, Defendant Shackelford gained possession of the tires and placed them on a motor vehicle, a 1990 Chevrolet truck of which he was the owner. At that time, Defendant Shackelford knew that the tires had been previously used, and he had knowledge from the open and obvious condition of the tires that they were worn and in such poor condition that they were unsafe for use on the truck on public highways at typical highway speeds.
. . .
49. Defendant Shackelford knew that Plaintiff needed a safe means of transportation for a trip beginning in Johnson County, Missouri, that would result in travel outside of Johnson County, Missouri; and that the route would include use of a highway, and highway speeds. He loaned said truck to Plaintiff for the purpose of transportation on said trip, realizing that Plaintiff would travel in said truck at typical highway speeds and realizing that the tires on his truck were so worn, and in such poor condition, that they were unsafe for use on the truck on public highways at typical highway speeds.
Wilkinson contended her original complaint was sufficient to state a cause of action against Shackelford, but because she had not "persuasively communicated her position" to the district court, she was moving to amend the complaint to fix the deficiencies the defendants claimed existed. Two days later, she filed an alternative motion to amend or alter the order denying her motion to remand. Simultaneously with this motion, she lodged the amended complaint containing the supplemental allegations against Shackelford. Wilkinson argued she should be allowed to amend her complaint without leave of court because Michelin had not yet filed a responsive pleading to her original complaint. She further contended, assuming she had the right to amend without leave of court, the order denying the motion to remand would have to be altered to allow remand because her cause of action against Shackelford destroyed diversity jurisdiction.
Michelin opposed both the motion to amend the complaint and the motion to alter or amend the order denying the motion to remand. Michelin argued Wilkinson should not be allowed a "do-over" simply by inserting into the complaint what the district court initially found missing. With respect to her right to file an amended complaint without leave of court, Michelin noted Shackelford — the party against whom the pleadings were sought to be amended — had already filed a responsive pleading while the action was still in Missouri state court, and thus she should not be allowed to amend without leave of court.
The district court denied both...
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